Legal Q&A: Suing a public body from out-of-state (April 2018)
Q: Can I sue a public body for a SCFOIA violation regarding a request for information if I am a resident of another state?

A: Maybe. SCFOIA provides that “a person” may submit a request for information under the Act but later provides that only “a citizen of the state” is allowed to sue for a FOIA violation. S.C. newspapers should have an understanding from a correspondent based out of state that he/she is submitting the request for information on the S.C.-based newspaper’s behalf by the time the request is sent to a public body.
Taylor M. Smith IV is a media lawyer who represents the S.C. Press Association and its newspapers. As one of our FOI/Legal Hotline attorneys, he is available to answer your open government, legal and libel questions. Call (803) 750-9561.
Other recent columns
Blink Book Review #12: History Repeating Itself? Three podcasts and a book, “Against the Tide by Harriet Keyserling”
Blink Book Review #12: History Repeating Itself? Three podcasts and a book, “Against the Tide by Harriet Keyserling” Reba Campbell Posted 9/22/23 By Reba Campbell…
Mystery Plant! #741
Mystery Plant! #741 John Nelson Posted 9/20/23 By John Nelsonjohnbnelson@sc.rr.com “The average American’s simplest and commonest form of breakfast consists of coffee and beefsteak.” …
Bye Bye Mitt
Stuart Neiman Cartoon: Bye Bye Mitt Posted 9/20/23 By Stuart Neiman This content is being shared through the S.C. News Exchange and is for use in SCPA…
The Work Of Hands
The Work Of Hands Tom Poland Posted 9/18/23 By Tom PolandA Southern Writerwww.tompoland.nettompol@earthlink.net Folks say the future belongs to “Knowledge Workers.” A so-called knowledge worker…
Breaking free from distorted thinking
Living on Purpose: Breaking free from distorted thinking Dr. William Holland Posted 9/18/23 By Dr. William Holland We continue the conversation about those who occasionally…
Have Fireflies Left Us?
Have Fireflies Left Us? Tom Poland Posted 9/15/23 By Tom PolandA Southern Writerwww.tompoland.nettompol@earthlink.net Among sedges and along tree lines, across lawns and fields they’ll soon…